As special session resumes at 9 a.m. Monday, the governor's office shared a Department of Administration statement clarifying that two laws appropriating funds to island mayors for typhoon recovery are not identical - pushing back on information provided to senators that the laws are "identical."
"This is not the case," DOA said, noting that the relevant sections in Public Law 38-124 for Sinlaku and Public Law 38-134 for Bavi differ in language.
P.L. 38-124, Section 1 states: "I Maga'håga shall disburse Two Hundred Fifty Thousand Dollars ($250,000) from the funds appropriated herein to each mayor, who may utilize such monies for the purposes identified above."
P.L. 38-134 states: "Section 1. I Maga'håga shall disburse Two Hundred Fifty Thousand Dollars ($250,000) to each Mayor's Office, who may utilize such monies for the purposes identified above. Section 2. I Maga'håga shall make the disbursements herein in the following order: First to the Mayoral Offices."
DOA Director Edward Birn stressed the distinction during last week's special session after drawing criticism from the Mayors Council of Guam and Finance Committee Chairman Sen. Chris Duenas for cutting checks directly to the 19 village mayors, bypassing procurement procedures that would have directed funds through the Mayors Council. The council noted that mayors hold only Non-Appropriated Fund accounts - intended for donations, not legislative appropriations - and that reconciliation was not conducted before the checks were cut.
Last week Birn recalled the checks while maintaining that "right or wrongly" DOA believed it was following the law.
"Based on the discussion at the Legislature as to the intent of the legislation, remaining funds have been re-allocated to the mayor's appropriation and are available for use by the Mayors Council of Guam," DOA said on Monday.
Mayors Council Executive Director JoyJean Arceo said the controversy delayed Typhoon Bavi recovery efforts by five days.